Legal Question in Civil Litigation in California

Dispute over items lost in a fire

My fiance & I broke up and before I had a chance to get all of my things out of the house, there was an accidental fire and most everything was ruined. The house was in his name only. He refused to allow me access to the house with the exception of about 1 hour to go through my things. So I was only able to collect a few token items. Although he received up front money for his loss, he refused to share any of it. When he received the full check, at first he wasn't going to pay me anything, stating that he was not obligated to. He told me that if I took him to court he would deny our relationship and just say I was a renter and I didn't have renter's insurance so it wasn't his problem. He finally relented and paid me some money, but he refused to show me the State Farm breakdown of what the items were truly valued at. I'm looking for an attorney who would write a letter for me, preferably at minimal cost, to demand that he give me access to that list. I don't feel I was paid out what was truly owed to me. Not only did I lose everything, but this also includes everything of my 6 year old daughter's. I feel now that he has paid me some money, his argument that he is not obligated to me is voided. Am I correct?


Asked on 12/31/04, 7:38 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Dispute over items lost in a fire

The fact that he paid you some money does not waive his right to deny owing you anything. If it did, people who wanted to be generous under such circumstances would have an incentive not to offer any money at all.

Whether you are entitled to any of the insurance money depends upon whether you and he owned some of the items jointly, whether any of the money was compensation for the loss of your property (assuming such a loss is covered), and precisely what the policy says.

If only his belongings were insured then you have no claim against the insurance proceeds. On the other hand, if he included in his claim items that he knows were not covered and got money for them from the insurer, then he has committed insurance fraud. This doesn't help you much, though, because he would have to return the payment to the insurer and would not owe it to you.

If the fire was your fiance's fault then he owes you the fair value of what you lost. You have provided no facts form which I can tell whether he is at fault or not. But the fact that you had belongings in his house does not make him your insurer, regardless of whether his own property was insured.

Also, if he unreasonably prevented you from retrieving your items *and* if you otherwise would have removed them before the fire, then you would have a viable claim against him for conversion and would be entitled to the value of what you lost, minus the amount you would have spent to move your things away.

Beyond this, I would need to know more about your arrangements with him and about the policy language before I could say whether you have any rights against him or what they might be.

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Answered on 12/31/04, 8:09 pm


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